|
|
  
| Needing some insight - I am positive this woman doesn't have a leg to stand on, but just want some BHW buddies to ease my mind :)
Back in November, I sold a 14 year old trail horse to a woman that I had owned since a 3 year old. In short; I raise and train my own horses and own two studs. I'm obviously busy enough that I don't need a trail horse, therefore she was sold.
This mare was used by my dad as a Sheriffs Mounted Posse horse over the last few years. He trailered her alone and took her out on group trail rides. She was also used for parking spectators cars at demo derbies and tractor pulls at the county fair. She was a nice good using horse, but we just didn't need her anymore with our horse business growing.
This woman tried my mare out at an indoor arena, November 2013. I had a friend riding there with me, and probably 7-10 other horses standing tied to the rail. She was late to show up so I kept riding my other horses I brought along to ride. When she arrived, I got off my horse and went to "Sassy" - She was standing perfectly at the fence all night long, even with other horses tied around her. She rode fine, even with all the other horses tied to the rail, and the lady liked her enough to buy her. Keep in mind my friend was there, and can witness that "Sassy" behaved well and rode well.
Fast forward to June 2014 - This lady sends me a facebook message saying "Sassy" is so buddy sour and that she can't ride her out on trails alone because she will stop and do small rears, wanting to go back to her buddies. I offer her some advice, but she is not an aggressive enough of a rider to take my advice. I didn't know this at the time of sale, but it turns out we have a friend in common. She tells me that our mutual friend is going to take her and see if she can get the buddy sourness out of her. I hear from her a few days to a week later, and she tells me that Sassy paces standing tied at the trailer, has terrible ground manners, and is still buddy sour. This is when I tell her she can 1) Send her to a PROFESSIONAL HORSE TRAINER or 2) Take her to the sale barn (There was a sale coming up that weekend)
Now, 7 months later this buyer wants ME to take "Sassy" back and give her the money back she paid. She tells me that I can take her back, put time on her, and resell her. Sure, I would LOVE to do that for you because honestly I really am I nice person - but the problem is I have 7-9 horses of my own that I have a hard time getting rode, not to mention I am behind on getting my 2 year olds broke out. I explained this to her and she lost it. She wrote nasty messages to me saying she thought I could be trusted, calling me a liar and misrepresenting this horse. Keep in mind I owned this horse over 10 years; if I didn't like the horse, it wouldn't have stuck around for that long.
Selling horses is hard enough right now and she expects me to do it for free, along with feeding this horse until it sells. I just can't do it. I don't have the time or money to feed another horse right now. Not to mention I don't have ROOM to put this horse on my property, I have 3 weanlings that need to be weaned in 1-2 months that need pens separate from momma obviously.
This is also important; there was no contract - the only thing I signed was a piece of paper saying she paid $X dollars in cash.
Today, June 21st - 7 months after I sold this horse, I got a court summons in the mail.
ETA: I did offer her a trade for a mare I thought would suit her better, but she wasn't interested in the trade because she thought the mare was too old.
Edited by WrapN3MN 2014-07-18 5:27 PM
|
|
| |
|
 Elite Veteran
Posts: 929
| I don't think she has a leg to stand on...you said it yourself, she is not an aggressive enough rider to control the horse, but at the same time, you should have had an actual bill of sale that says that the buyer has had an opportunity to vet the horse at their expense and that they declined, or went against the vet's findings and agreed to purchase the horse, anyways, along with their initials next to it, as well as that portion that says:
The seller makes no other warranties, express or implied, including the warranties of fitness for a particular purpose. No other agreements or promises, verbal or implied, are included unless specifically included in this written agreement.
If the horse wasn't going to work out within the first couple of weeks...*maybe* I would consider it if it was my horse...but not a whole 14 months later. Come on, lady. You just suck as a rider and horse person and don't want to take the blame for it. I can't stand people like that. |
|
| |
|
Member
Posts: 17
| Anyone can take a well trained horse and "ruin" it in a matter of weeks. Respect, obedience, training, is NOT transferable.
What you, or her friend, or another trainer could get that horse to do, she may never get that horse to do.
I know that when I get a new horse I have to almost immediately take that new horse away from the others, and, take the others away from the new horse as well.
I just got a new horse in fact two weeks ago, the very first day home I took him out all by himself. But, because of all this stinking rain we've been getting further trail rides out my back have been non existent and I'm kind of worried about him. So, the next best thing is I have just been putting him out in the arena by himself. It's on the other side of the house and mostly out of sight of the other horses.
It doesn't take long for the horses to buddy up.
She would have to prove that she took that new horse off by itself right away to avoid that.
I'm sure she doesn't have a leg to stand on.
Just gather expert testimony from any and all sources that you can before going to court.
Good luck, and sorry you're in this position.
|
|
| |
|
 Hog Tie My Mojo
Posts: 4847
Location: Opelousas, LA | Just remember that the judge will most likely not be a horse person. If you can get any witnesses to come in person or at least get a notarized letter from them to give to the judge. Also, any horse professionals, vet, trainers, etc. that can come testify or at least write a letter to explain what may have possibly happened and that it was out of your control once she purchased the horse.
It doesn't sound like she has a leg to stand on, but you never know who she will bring with her and how the judge will see it. Have your ducks in a row and document everything and you should be fine.
|
|
| |
|
 Veteran
Posts: 151
| This is why I hate selling horses! People are nuts! I gave my sister a horse that was just as you explained, he was such a nice horse but he got her number in about two months. She was a very timid rider and he would start tossing his head and try to turn around for the barn and she would panic. Really I thought anyone could sit and ride him, he was very easy. But apparently he also figured out how to get what he wanted.
I'm so sorry you are in this position, file a counter suit alleging that she ruined a perfectly good horse!!
|
|
| |
|
 Accident Prone
Posts: 22277
Location: 100 miles from Nowhere, AR | Skeetersmom - 2014-06-21 3:54 PM This is why I hate selling horses! People are nuts! I gave my sister a horse that was just as you explained, he was such a nice horse but he got her number in about two months. She was a very timid rider and he would start tossing his head and try to turn around for the barn and she would panic. Really I thought anyone could sit and ride him, he was very easy. But apparently he also figured out how to get what he wanted. I'm so sorry you are in this position, file a counter suit alleging that she ruined a perfectly good horse!!
My gelding is gentle, well broke, and beginner friendly and yet after a month off in December, he was barn sour when I got back on him. Bucking, half-rearing, spinning...I had to wear his tail out 3 different days before he went back to normal. I sold one that had been buddy sour with me for about 2 weeks after we moved to our place, and got that way again after I sold him. New owner had to work through it with him. Horses are living creatures with minds of their own, not machines. Every interaction is a training experience. It's naive or flat out stupid to expect otherwise. |
|
| |
|
| Three 4 Luck - 2014-06-21 4:06 PM Skeetersmom - 2014-06-21 3:54 PM This is why I hate selling horses! People are nuts! I gave my sister a horse that was just as you explained, he was such a nice horse but he got her number in about two months. She was a very timid rider and he would start tossing his head and try to turn around for the barn and she would panic. Really I thought anyone could sit and ride him, he was very easy. But apparently he also figured out how to get what he wanted. I'm so sorry you are in this position, file a counter suit alleging that she ruined a perfectly good horse!!
Amen! My dad called her about two weeks ago to tell her that we wouldn't be taking the mare back, and she admitted that once the mare turned around and did a little rear they took her right back to the barn and put her away. |
|
| |
|
 Total Germophobe
Posts: 6443
Location: Montana | I have no advice other than I'm sorry it happened to you! But, what you posted about what happened to you made me go look up a good bill of sale for horses (even though I currently don't have a horse for sale) for future reference. I'm sorry and I'll say a prayer for a good outcome.  |
|
| |
|
  Warmblood with Wings
Posts: 27846
Location: Florida.. | If I bought a car from someone and 7 months later it made funny noises.. I wouldnt expect to get a refund..
any horse can be ruined or get bad habits in a few weeks.. not your fault.. stand firm and be self confident and business like. |
|
| |
|
Elite Veteran
Posts: 1034
| Having been in court over a horse before, I will tell you the judge will likely not know a thing about horses and you just never know what they will decide. Bring in any evidence you can - the witness from the sale day, a professional trainer who can tell the judge all the reasons this may have happened, and familiarize yourself with laws regarding the sale and guarantee of horses in your state (if any). You do not want to walk in there without any evidence or way to show the judge how these things happen. And your word will mean zero. It has to come from a reputable, unbiased third party. |
|
| |
|
| Don't feel bad. I sold the horse of my dreams due to circumstances beyond my control. The older gentleman that purchased him had a young lady ride for him and she was card carrying crazy and couldn't ride a stick horse. She posted all sorts of nasty things about me, my horse, harassed me via email, and really put on a good show all over a horse that she did not own, just got to ride. Stand firm and don't waiver. It's impossible to argue with an idiot. |
|
| |
|
 Dog Resuce Agent
Posts: 3459
Location: southeast Texas | A horse not regularly rode, stands around in a stall all day, fed high powered food, and you want it to work? Like sticking a key in it and ride off?
Sounds like she is negligent in the proper care and feeding of horses. (that is a take off of a Dr Laura book) |
|
| |
|
 Expert
Posts: 2258
| I went through this a couple of years ago. I sold a gelding and a few weeks later the lady tells me he is lame and tries to run away with her. She said she was getting a lawyer and taking me to court if I don't buy him back and that she was going to the sale with him. I made a few calls and told her to lawyer up if that is what she needed to do. I had a friend who bought him from the lady to save him from the sale. We sold him last fall and the people love him. The gal never sued me I am pretty sure she got told that she had no case. There was not a thing wrong with this horse and he passed a vet exam and rode like a champ .
Edited by cutnrunqhmt 2014-06-21 9:11 PM
|
|
| |
|
Extreme Veteran
Posts: 464
| You had better bring an expert witness, besides yourself. I doubt the judge knows anything about horses. He'll probably side with her if you don't. |
|
| |
|
| This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me? |
|
| |
|
 Proud to be Deplorable
Posts: 1929
| If she sued for money than that's all she gets. All depends on what is in the complaint. Is this in small claims or is it in civil court. |
|
| |
|
 Elite Veteran
Posts: 678
Location: Canada | I know that this is stressful but even if the judge isn't a horse person he/she has to follow a precedence. The woman isn't claiming you sold her a lame or injured horse, you sold her a perfectly good horse that 7 months later doesn't work the same as it did when you sold it to her. Months after you buy something it won't be the same, and especially a living creature with it's own mindset.
The judge should make decisions based on a reasonable assumption and reasonable assumption is that 7 months later your obligations have ended. Feed, exercise schedule, ability of the rider all play a factor. I'm sure this woman could buy a stick horse and file a suit against the manufacturer that it's giving her splinters years later.
She may have no plans to pursue the case but put it forward hoping it would scare you into paying her. Stand your ground and remember it's up to her to PROVE its your fault and she won't be able to do that.
Sorry this happened to you and try not to let it get you down!
|
|
| |
|
Miracle in the Making
Posts: 4013
| people are nuts google the craziest lawsuit won it will blow you away. and they wrere jury trials
be prepared |
|
| |
|
 Playing the Waiting Game
Posts: 2304
| Maybe have it moved to Lincoln county Oklahoma the judge there is a barrelracer and her kids rope. |
|
| |
|
 Ms. Manners
Posts: 1820
Location: Oklahoma | IF she wins (not likely), she would get the money and you get the horse back. She can't have both.
In addition to witnesses who can go to court with you (some judges will not accept even notarized statements since they cannot ask questions or cross examine), do you have all your correspondence with her? Do you have emails, FB messages, texts, or anything she sent you stating how happy or satisfied she as with her purchase? Those would seriously boost your case. This is one type of case here treating a horse as property can ork to your advantage . . . horses are purchased as-is. I might also see if you can have anyone who is not a friend testify as to how the horse acted during the years prior to the sale. Even your Dad ould be an outstanding witness as a law enforcement officer who depended on the mare's calm, steady, reliable demeanor to do his job well.
Best of luck!
|
|
| |
|
Elite Veteran
Posts: 1034
| WrapN3MN - 2014-06-21 8:05 PM
This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me?
No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation. |
|
| |
|
Ms. Manners
Posts: 1820
Location: Oklahoma | HorseMommyFiveO - 2014-06-21 10:12 PM WrapN3MN - 2014-06-21 8:05 PM This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me? No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation.
Legally, one cannot get the money they spent on an item back and keep the item. The purpose of small claims is to make a person whole again. |
|
| |
|
Elite Veteran
Posts: 1034
| Morab76 - 2014-06-21 10:19 PM
HorseMommyFiveO - 2014-06-21 10:12 PM WrapN3MN - 2014-06-21 8:05 PM This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me? No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation.
You underestimate the discretion of a judge. |
|
| |
|
 Elite Veteran
Posts: 927
Location: Iowa | If you win you can also get your expenses paid by her for this case.
If you have some video of when you had the horse that will show he can be ridden and behaves nicely , I would make sure you have that along. Get any written statements noterized also. |
|
| |
|
Elite Veteran
Posts: 726
| Just went through a similar thing with a friend.. TAKE WARM BODIES!! The judge we saw wouldnt even entertain a notorized statement.. Same kinda thing but.. this person stopped payment on a mare.. because she was "crazy" the only thing crazy about that mare was who was on the other end of the lead rope.. This mare was dangerous (in her words) so she sold the mare to another lady.. for her 8 yr old.. "Seller" had himself, his daughter who showed the mare to the people.. me who had the mare for months and sold her to 'seller' AND the new owner, her sister and many photos and videos of mare before sale... Judge almost laughed and ruled with plantiff (us) for the amount.. of course defendent wanted to appeal it!! As we left court I heard the judge tell him not to waste his time/money trying to take it farther.. Good luck and just go over prepared!! |
|
| |
|
 Googly Goo
Posts: 7053
| jbhoot - 2014-06-21 8:13 PM
If she sued for money than that's all she gets. All depends on what is in the complaint. Is this in small claims or is it in civil court.
Great question. You should refuse small claims. Exercise your right to counsel. |
|
| |
|
Googly Goo
Posts: 7053
| memory - 2014-06-21 11:05 PM If you win you can also get your expenses paid by her for this case. ....
True, and if you lose, you could have to pay her expenses. |
|
| |
|
Warmblood with Wings
Posts: 27846
Location: Florida.. | Im sorry but after 7 months and the horse just is barn sore I just dont see her having a case at all. Horse isnt lame. broke or unrideable.. its barn sore.lol..
Edited by Bibliafarm 2014-06-22 11:07 AM
|
|
| |
|
 Husband Spoiler
Posts: 4151
Location: North Dakota | Sorry you have to deal with this drama. The worst thing about the horse business is the owners. Selling horses is my biggest headache. It can be so rewarding but yet it can be such a nightmare. |
|
| |
|
Mrs. Txdad
Posts: 14084
Location: the fantasy txdad married | I've told this story before. I wasn't actually invovled in the suit but, it was a horse that I had owned. I tried to buy the horse before this went to court and they wouldn't sell.
The end of it was the judge decided that the horse was sold as "sound" (the horse did pass a pre-purchase exam) but, since he believed the horse had a gate issue it was not "sound" of mind and therefore was misrepresented. The seller had to give the buyer a refund of $1,500.00 (pretty sure, it's been a while), pay all the court costs and the buyer kept the horse.
The total purchase price of the horse was $3,500.00 so, the seller lost the horse and a bunch of money. In a case that EVERYONE said she couldn't lose because it was ridiculous. |
|
| |
|
 Cheers!
Posts: 1127
Location: Its on the House | It sounds like your horse has more experience then the buyer. I just hate it when I see folks own an animal that they have no idea what they are doing. After 7mths I would believe the law of limitations would be up. She bought it and she broke it, its hers. Exercise your rights and hire councel, don't let her intimidate you. Good luck |
|
| |
|
| Thanks for all the replies and especially thanks for the great advice. I am typing from my phone so I'll try to keep it short:
I have every intentions to bring people with me to the hearing. I also don't believe a notarized paper means much to a judge. So far I have a gal that was at the arena the night the mare was tried out, a friend who delivered the mare with me to the woman's property and unloaded her from the trailer and walked her 1/2 mile up the driveway (it was winter and no where to turn the rig around) - I also spoke to a trainer in the area (that I have never done business with but she's a friendly gal) and she offered to speak at the hearing about horses behavior and how this could have happened; since my word will mean nothing to the judge.
Also, last night we found pictures of her riding the mare BAREBACK through snow, one month after she purchased her. We screen shot those and have dates it was posted and date we pulled the picture and printed them immediately before she removes them. Our mutual friend even commented on one and said "Well she's broke! Like all of Aprils horses!"
I believe she is doing this to try to scare us into just giving her the money back; but we'll see her in court I guess. I feel bad for the horse :( |
|
| |
|
 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | No advice just wanted to say good luck to ya  |
|
| |
|
| Small claims court has a fee to file a case by the plaintiff ... typically under $200... if they win then the defendant pays this fee along with the amount they won. If the defendant wins ... then the plaintiff gets stuck with the original filing fees ...
Whatever pictures or paperwork you are going to present to the court ... make you 2 three ring binders ... one for the judge to view as you flip thru your copy of the same binder in the same order and have each page tabbed with a page number for ease of finding them ... make it super easy for the judge to follow along as you testify ... (photos of horse being good by himself at parades, pasture or arena riding etc etc and any FB or other written remarks buyer has made since owning the horse )
Courts today also will allow you to use videos in the courtroom ... check and see if they have the equipment to show a dvd or whatever or take a laptop or whatever to show a professional trainer explaining the most common correction training for a sour horse ... such as this simple one that covers it very well and keeps it simple in a short length of time ... I have no idea who this guy is but his presentation is correct .... http://youtu.be/ORd_DX_fDnw
Also ... you need to cross file on her claim for your expenses to attend court and anything else you want ..... YOU HAVE TO ASK TO RECEIVE before you get to court ...
It is kinda like divorces where women's attorney's automatically file and ask the hubby to pay her attorney fees and he gets stuck because his attorney does not crossfile to omit that request and does not ask woman to pay the man's attorney fees .... even if man wins whatever big time .... he gets nothing since he did not ask ...
If plaintiff is a no show ... and you cross filed for whatever ... you automatically get that court order to file on any of her real estate or other items that are filed at the court house ... you may get something in the distant future and revenge for it showing up on any credit score searches for them .... otherwise the case is just dismissed ...
GOOD LUCK ....
|
|
| |
|
 Not Afraid to Work
Posts: 4717
| As someone who has seen you and your family around for many many years... I can confidently state you are fair horse people with nice horses. If i'm not mistaken, I even know the stud this mare is out of and know many of its siblings and know a lot about their behavior.
As many have mentioned, print all conversations you've had with buyer.
Get in contact with vet and farrier who have worked on this mare. If they're willing, they are very reputable to speak on behalf of this mares ground manners prior to sale. If shes ever seen a chiro, dentist, etc same thing.
Did you ever get an update from her on the mare after the sale?
Good luck lady. PM or text if you need, I have some experience in the legal field. |
|
| |
|
 I Chore in Chucks
Posts: 2882
Location: MD | some peoples kids. I hope it works out for you! |
|
| |
|
Googly Goo
Posts: 7053
| 1left2right - 2014-06-22 12:09 PM I've told this story before. I wasn't actually invovled in the suit but, it was a horse that I had owned. I tried to buy the horse before this went to court and they wouldn't sell.
The end of it was the judge decided that the horse was sold as "sound" (the horse did pass a pre-purchase exam) but, since he believed the horse had a gate issue it was not "sound" of mind and therefore was misrepresented. The seller had to give the buyer a refund of $1,500.00 (pretty sure, it's been a while), pay all the court costs and the buyer kept the horse.
The total purchase price of the horse was $3,500.00 so, the seller lost the horse and a bunch of money. In a case that EVERYONE said she couldn't lose because it was ridiculous.
Yep. That's the chance you take. |
|
| |
|
 Angel in a Sorrel Coat
Posts: 16030
Location: In a happy place | Good luck to you and best wishes for a good outcome for you. |
|
| |
|
Extreme Veteran
Posts: 507
Location: Lost in the corn of Iowa. | So sorry to hear about this. But to turn the tables a little bit. If this horse didn't know a darn thing and shebought it, had it trained to do something and was winning with it, would she be upset if you sued her because she under paid for what is now a well trained horse. I highly doubt it. Like others have said, document and get as many witnesses as you can to stand behind what you know. Good luck. |
|
| |
|
Member
Posts: 11
| Uh no. Unless you counter-sue her, you will pay your expenses. |
|
| |
|
| Next question, what if she hasn't transferred ownership through AQHA? I believe I am still listed as the current owner. I haven't gone online to check, but she didn't even care about me mailing her registration papers to her; of course I did - but makes me doubt she did anything with them.
StayceeM - not the mare you're thinking of, we still have her and King :) |
|
| |
|
 Money Eating Baggage Owner
Posts: 9586
Location: Phoenix | Yikes!! I can't wait to hear an update when you crush her in court. Good luck! I would Facebook stalk the sh!t out of her and get the evidence you need!!! |
|
| |
|
Proud to be Deplorable
Posts: 1929
| WrapN3MN - 2014-06-23 4:40 PM
Next question, what if she hasn't transferred ownership through AQHA? I believe I am still listed as the current owner. I haven't gone online to check, but she didn't even care about me mailing her registration papers to her; of course I did - but makes me doubt she did anything with them.
StayceeM - not the mare you're thinking of, we still have her and King :)
Did you give her a bill of sale? I don't think the court cares about the ass. papers. The only time I went to court over a horse deal the judge did not care about ass. papers he just wanted proof of sale and that money had exchanged hands. |
|
| |
|
Cheers!
Posts: 1127
Location: Its on the House | This is true, court will not recognize the AQHA papers, but they will raise an eyebrow on a coggins. State issued it has more pull. Go figure lol. |
|
| |
|
| I figured as much about the AQHA papers, but certainly didn't hurt to ask :) The more I can get on her, the better lol.
We have lots of pictures - She was trained to drive by the amish so we have driving pictures, pictures of my sister using her in Western Pleasure in 4H, a picture of my dad riding her on a trail ride. No videos unfortunately. |
|
| |
|
 Can You Hear Me Now?
Location: When you hit the middle of nowhere .. Keep driving | My brother sold a jet ski with a contract saying "as is" an the women knew it needed work. She came back and sued him a few months later for $1000 more then the purchase price because she claimed she didn't know how much it would cost to fix. Long story short she won and Jay had to pay $3500 for a jet ski got $2000 for originally after all the court costs. She got to keep it too and they had a contract/Bill of sale. I know it not a horse but it's an example.
Always come super prepared with as much evidence and as many witnesses as possible and never think she doesn't have a case.
Edited by ndiehl 2014-06-23 7:05 PM
|
|
| |
|
Married to a Louie Lover
Posts: 3303
| ndiehl - 2014-06-23 7:03 PM
My brother sold a jet ski with a contract saying "as is" an the women knew it needed work. She came back and sued him a few months later for $1000 more then the purchase price because she claimed she didn't know how much it would cost to fix. Long story short she won and Jay had to pay $3500 for a jet ski got $2000 for originally after all the court costs. She got to keep it too and they had a contract/Bill of sale. I know it not a horse but it's an example.
Always come super prepared with as much evidence and as many witnesses as possible and never think she doesn't have a case.
This makes me hate people and society today and makes me wants to just let everything rust in the yard and grow old in the pasture... |
|
| |
|
 Lady Di
Posts: 21556
Location: Oklahoma | OhMax - 2014-06-23 7:10 PM
ndiehl - 2014-06-23 7:03 PM
My brother sold a jet ski with a contract saying "as is" an the women knew it needed work. She came back and sued him a few months later for $1000 more then the purchase price because she claimed she didn't know how much it would cost to fix. Long story short she won and Jay had to pay $3500 for a jet ski got $2000 for originally after all the court costs. She got to keep it too and they had a contract/Bill of sale. I know it not a horse but it's an example.
Always come super prepared with as much evidence and as many witnesses as possible and never think she doesn't have a case.
This makes me hate people and society today and makes me wants to just let everything rust in the yard and grow old in the pasture...
So it was his responsibility to tell her how much the repairs cost??? So what good is an "as is" clause? Can we buy a used car that has "as is" in the contract, and then come back later and sue the seller later to pay for repairs? What justification did the judge give for awarding her money??? |
|
| |
|
Industrial Srength Barrel Racer
Posts: 7268
| OhMax - 2014-06-23 7:10 PM ndiehl - 2014-06-23 7:03 PM My brother sold a jet ski with a contract saying "as is" an the women knew it needed work. She came back and sued him a few months later for $1000 more then the purchase price because she claimed she didn't know how much it would cost to fix. Long story short she won and Jay had to pay $3500 for a jet ski got $2000 for originally after all the court costs. She got to keep it too and they had a contract/Bill of sale. I know it not a horse but it's an example. Always come super prepared with as much evidence and as many witnesses as possible and never think she doesn't have a case. This makes me hate people and society today and makes me wants to just let everything rust in the yard and grow old in the pasture...
I agree! People just flat SUCK sometimes! |
|
| |
|
| I just wanted to come back and thank you all for your wonderful suggestions. We had court on Wednesday, and I received a text from the woman suing me, stating she called and found out the judge had dismissed our case, followed by a couple of harassing texts. Excited to put this behind me. Just wish the poor horse wasn't still in her possession :( |
|
| |
|
 Queen Boobie 2
Posts: 7521
| WrapN3MN - 2014-07-18 5:28 PM I just wanted to come back and thank you all for your wonderful suggestions. We had court on Wednesday, and I received a text from the woman suing me, stating she called and found out the judge had dismissed our case, followed by a couple of harassing texts. Excited to put this behind me. Just wish the poor horse wasn't still in her possession :(
Thank goodness common sense prevailed with a decent judge. I feel your pain about the horse, though. |
|
| |
|
Proud to be Deplorable
Posts: 1929
| WrapN3MN - 2014-07-18 5:28 PM
I just wanted to come back and thank you all for your wonderful suggestions. We had court on Wednesday, and I received a text from the woman suing me, stating she called and found out the judge had dismissed our case, followed by a couple of harassing texts. Excited to put this behind me. Just wish the poor horse wasn't still in her possession :(
Good news!!!! FYI using a phone to make threating or harassing remarks is a Federal offence. You might want to let her know that. |
|
| |
|
Not Afraid to Work
Posts: 4717
| WrapN3MN - 2014-07-18 5:28 PM
I just wanted to come back and thank you all for your wonderful suggestions. We had court on Wednesday, and I received a text from the woman suing me, stating she called and found out the judge had dismissed our case, followed by a couple of harassing texts. Excited to put this behind me. Just wish the poor horse wasn't still in her possession :(
Make sure you confirm this with the judge or office handeling it. |
|
| |
|
 I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | |
|
| |
|
Ms. Manners
Posts: 1820
Location: Oklahoma | I would definitely confirm with the court that the case has been dismissed. If it has not and she shows up but you don't, she will win by default.
Glad you are able to put this behind you!
|
|
| |
|
 Shelter Dog Lover
Posts: 10277
| Morab76 - 2014-07-18 6:55 PM I would definitely confirm with the court that the case has been dismissed. If it has not and she shows up but you don't, she will win by default.
Glad you are able to put this behind you!
I agree, save the texts just in case. Hope this is a done deal for you! |
|
| |
|
Elite Veteran
Posts: 1034
| Morab76 - 2014-07-18 6:55 PM
I would definitely confirm with the court that the case has been dismissed. If it has not and she shows up but you don't, she will win by default.
Glad you are able to put this behind you!
Unless you hear it directly from the court, it is NOT dismissed. Definitely go or check for yourself. |
|
| |
|
 "Hottie"
Posts: 1373
Location: Okemah,OK | HorseMommyFiveO - 2014-07-18 8:50 PM
Morab76 - 2014-07-18 6:55 PM
I would definitely confirm with the court that the case has been dismissed. If it has not and she shows up but you don't, she will win by default.
Glad you are able to put this behind you!
Unless you hear it directly from the court, it is NOT dismissed. Definitely go or check for yourself.
That was my thought exactly! You better make dang sure it's been dismissed! Why would she be the one to tell you that? Sounds like an easy attempt to set you up to me? |
|
| |
|
Angel in a Sorrel Coat
Posts: 16030
Location: In a happy place | Like everyone said you need to personally check with the court yourself. She could be scamming you into not appearing in court.
And please keep the text messages.
What a piece of work!
Thank you for posting. I was just wondering yesterday what was happening with you. |
|
| |
|
| I guess I should be more clear. We DID actually appear in court and went through the whole ordeal on Wednesday this week. Yesterday (Friday) afternoon she called the courthouse because she wanted to know what the verdict was I guess since the judge said he would have a decision at the end of the day and we would be notified of his decision by a letter in the mail.
Since we didn't have a counter claim, I'm assuming "dismissed" is just a term for we won, and she didn't have a leg to stand on.
Her texts weren't threatening, but certainly rubbed me the wrong way. She was continuing to tell me the horse isn't safe and she didn't ruin her. . . Just continuing to keep running in circles. I absolutely will not respond or be in contact with her. What's done is done and she can deal with the mess she created. |
|
| |
|
 Forever Young
Posts: 6768
Location: relocated to Texas | Barnmom - 2014-06-22 2:46 PM Just remember that the judge will most likely not be a horse person. If you can get any witnesses to come in person or at least get a notarized letter from them to give to the judge. Also, any horse professionals, vet, trainers, etc. that can come testify or at least write a letter to explain what may have possibly happened and that it was out of your control once she purchased the horse.
It doesn't sound like she has a leg to stand on, but you never know who she will bring with her and how the judge will see it. Have your ducks in a row and document everything and you should be fine.
This is the truth. Even though this woman SHOULD not be able to prevail in court, it will depend upon how you present your case. She may say you GUARANTEED the horse. People can say anything, so you must be ready with a defense. It would be great if the friend of yours who was there at the time of sale go with you. It would also be good to take someone else who trains horses for a living there with you as a witness. Your most likely are going to have to educate the judge on horses and their behaviors.
Sorry, I guess I was late coming to the party. I just went back and reread where you prevailed in this case. Good for you, you got a judge with common sense.
Edited by Hollywood's Fan 2014-07-19 1:42 PM
|
|
| |
UPDATE: PG 3 Being taken to court over horse sold